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Regular Session, 2011
SENATE BILL NO. 232
BY SENATOR CHEEK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSES. Provides for registry and notification by sex offenders and a sexual
assault task force. (gov sig)
AN ACT1
To amend and reenact R.S. 15:544 (D)(1), (2), (3)(e), (4)(a) and (b) and to enact R.S.2
15:544.1 and Chapter 3-C of Title 15 of the Louisiana Revised Statutes of 1950 t o3
be comprised of R.S. 15:555 and 556; relative to sex offenses; to provide for4
notification and registration of offenders; to create a sexual assault task force and5
provide for the membership, and powers, duties, and functions of the task force; to6
provide for a termination date of the task force; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:544 (D)(1), (2), (3)(e), (4)(a) and (b) are hereby amended and9
reenacted and R.S. 15:544.1 and Chapter 3-C of Title 15 of the Louisiana Revised Statutes10
of 1950 to be comprised of R.S. 15:555 and 556 are hereby enacted to read as follows:11
§544. Duration of registration and notification period12
* * *13
D.(1) The registration period of fifteen years established in Subsection A of14
this Section may be reduced to a period of ten years if the offender maintains a clean15
record for the entire ten-year period of registration upon petition to be relieved of the16
sex offender registration to the court of conviction for those convicted in Louisiana,17 SB NO. 232
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or the court of the parish of residence for those convicted under the laws of another1
state, or military, territorial, foreign, tribal, or federal law which have been2
determined to be comparable to a Louisiana offense requiring a fifteen-year3
registration period by the bureau pursuant to the provisions of R.S. 15:542.1.3. The4
petition shall be accompanied by a certification from the office of state police5
of the offender's history of registration in Louisiana.6
(2) The lifetime registration period established in Paragraph (B)(2) of this7
Section may be reduced to a period of twenty-five years if the offender was8
adjudicated delinquent for the offense which requires registration and maintains a9
clean record for twenty-five years upon petition to be relieved of the sex offender10
registration to the court of adjudication for those adjudicated in Louisiana, or court11
of the parish of residence for those adjudicated under the laws of another state, or12
military, territorial, foreign, tribal, or federal law. The petition shall be13
accompanied by a certification from the office of state police of the offender's14
history of registration in Louisiana.15
(3) For purposes of this Subsection, an offender maintains a "clean record"16
by:17
* * *18
(e) Complying with all sex offender registration and notification requirements19
in Louisiana for the prescribed period of time pursuant to the provisions of this20
Chapter.21
(4) The following procedures shall apply to the provisions of Paragraphs (1)22
and (2) of this Subsection:23
(a) The district attorney shall be served with a copy of the petition and the24
Louisiana Department of Public Safety and Corrections, office of state police25
and the Department of Justice shall be given notice of the filing with a copy of26
the pleading.27
(b) The court shall order a contradictory hearing to determine whether the28
offender is entitled to be relieved of the registration and notification requirements29 SB NO. 232
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pursuant to the provisions of Paragraphs (1) and (2) of this Subsection. The1
Louisiana Department of Public Safety and Corrections, office of state police2
and the Department of Justice shall be given notice of the hearing date.3
* * *4
R.S. 15:544.1. Registration and notification period end date; duties for setting;5
notice and procedures for review6
A. The office of the attorney general shall be responsible for maintaining7
a registration period end date on the Sex Offender and Child Predator Registry8
for all persons subject to this Chapter. The registration and notification period9
end date maintained by the office of the attorney general shall be set according10
to the provisions of this Chapter and shall be binding for purposes of11
enforcement of the registration and notification laws unless and until challenged12
and overturned on appeal through the process set forth below.13
B. The registration end date shall be revised by the office of the attorney14
general should the offender's criminal history or registration history subsequently15
reflect actions or non-action which, under this Chapter, requires the registration16
period to begin to run anew or to be suspended by a suspensive event.17
C. The sheriff of the parish of the offender's residence shall:18
(1) Give the offender notice of this prospective registration and19
notification period end date set by the office of the attorney general and inform20
the offender that this end date shall be revised should the offender's criminal21
history or registration history subsequently reflect actions or non-action which,22
under this Chapter, require the end date to be recalculated;23
(2) Advise the offender that he has ninety days from the initial receipt of24
the notice provided pursuant to Subsection (C)(1) of this Section to seek a review25
of the registration and notification period end date as provided in Subsection D26
of this Section if the offender believes it has been miscalculated. The date and27
substance of said notice shall be entered into the offender's file on the registry and28
verified by the offender; and29 SB NO. 232
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(3) Provide a copy of the decision made by the office of the attorney1
general should the offender request review of the registration and notification end2
date pursuant to Subsection D of this Section and give notice that the offender has3
ninety days to request an administrative hearing as provided in Subsection F of4
this Section.5
D. If the offender is currently under an active obligation to maintain6
registration and notification in Louisiana pursuant to the provisions of this7
Chapter, the person required to register and notify may request a review of their8
registration and notification period end date if they believe a miscalculation has9
occurred. This request must be made in writing and addressed to: office of the10
attorney general, SPAT Unit, P.O. Box 94005, Baton Rouge, Louisiana 70804-11
9005. The request for review must include:12
(1) Name, date of birth, social security number and phone number of the13
requestor.14
(2) Address of residence and parish in which the registrant is currently15
residing.16
(3) Statute violated which requires registration under this Chapter,17
jurisdiction of conviction, court of conviction, date of conviction, and latest18
release from incarceration based on said conviction.19
(4) Specific legal and/or factual reason registrant believes current20
registration and notification period end date is incorrect.21
(5) A copy of the last offender contract signed by the offender at the22
office of the sheriff of the offender's parish of residence.23
(6) An affidavit of verification that all allegations of fact are true and24
accurate.25
E. If the request for review meets the requirements of Subsection D of26
this Section, an administrative review shall be made by the office of the attorney27
general and the requesting individual shall be provided with a decision within28
ninety days of the request. The decision shall contain the pertinent law and facts29 SB NO. 232
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relied upon in making the decision and shall be provided to the requesting1
individual by posting in the offender's registry file for delivery by the sheriff of2
residence as provided in Paragraph (C)(3) of this Section. If request for review3
submitted by the applicant does not meet the procedural requirements of4
Subsection D of this Section, the request for review shall be rejected and the5
offender shall be given notice of the rejection through the same method.6
F. The offender shall have ninety days from receipt of notice of the7
decision of the office of the attorney general to seek further review through an8
administrative hearing as provided in R.S. 49:950. The application for9
administrative hearing shall contain the following items:10
(1) A detail listing with specificity of all errors the applicant alleges to11
have been made in the determination of the prospective registration and12
notification period end date. Any objection to the registration and notification13
period end date based on an error not alleged shall be deemed waived.14
(2) A copy of the determination made by the office of the attorney15
general of which the applicant seeks review and a copy of the notice of the16
decision provided by the sheriff's office.17
(3) Suggest a prospective registration and notification period end date18
which the applicant submits to be accurate under the provisions of this Chapter,19
including the facts and law relied upon in suggesting said date.20
G. If it is clear from the filing that the application submitted by the21
applicant does not meet the procedural requirements of Subsections D, E and22
F of this Section, the application shall be dismissed. If it appears from the23
application that the procedural requirements of Subsections D, E and F of this24
Section have been met, the office of the attorney general shall be served with a25
copy of the application and ordered to file any procedural objections it may26
have, or an answer on the merits, if there are no procedural objections, within27
a specified period of not less than thirty days and not more than forty-five days.28
The objections and/or answer shall be accompanied by reliable supporting29 SB NO. 232
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documentation.1
H. If the administrative hearing officer determines that the factual and2
legal issues can be resolved based upon the application filed by the offender and3
the procedural objections or answer filed by the office of the attorney general,4
and reliable supporting documents, including affidavits, submitted by either5
party or available to the court, the court may grant or deny relief without6
further proceedings. The court may authorize requests for admissions of fact7
and of genuineness of documents. In such matters, the court shall be guided by8
the Code of Civil Procedure.9
I. An evidentiary hearing for the taking of testimony or other evidence10
shall be ordered only when there are questions of fact which cannot properly be11
resolved pursuant to Subsections G and H of this Section.12
J. Failure to timely seek review of the attorney general's office13
determination of the registration and notification period end date as provided14
in Subsection D of this Section or to timely apply for or appeal a ruling of an15
administrative review hearing in accordance with the provisions of this Section16
within the applicable ninety-day period specified in this Section shall constitute17
a waiver by the offender to a hearing under this Section and shall make the18
registration and notification end date determination by the office of the attorney19
general binding and enforceable under R.S. 15:542.1.4. If the offender does20
seek review he shall nevertheless register in accordance with the date set by the21
attorney general unless such date is modified by the administrative law judge22
or a court on appeal.23
K. The results of any such administrative review or hearing shall be24
pertinent only to the determination of a registration and notification end date25
based on the existing facts at the time the initial request for review was made26
to the office of the attorney general and shall not affect future updates to the27
registration end date should any action or non-action on the part of the offender28
occur after a review is requested which, under the provisions of this Chapter,29 SB NO. 232
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materially affect the running of the registration and notification period.1
L. Any ruling of the administrative hearing officer shall be appealable2
to the Nineteenth Judicial District Court within the delays set by the3
administrative hearing officer.4
* * *5
CHAPTER 3-C. LOUISIANA SEXUAL ASSAULT TASK FORCE6
§555. Sexual Assault Task Force; creation; membership; meetings7
A. The Louisiana Sexual Assault Task Force is hereby created within the8
Department of Justice, office of the attorney general. The task force shall consist9
of twenty-five members as follows:10
(1) The executive director of the Louisiana District Attorneys Association11
or his designee.12
(2) The executive director of the Louisiana Foundation Against Sexual13
Assault or her designee.14
(3) The Sexual Assault Nurse Examiner/Sexual Assault Response Team15
(SANE/SART) program coordinator of the Louisiana Foundation Against Sexual16
Assault or her designee.17
(4) The executive director of the Louisiana Sheriffs Association, or his18
designee.19
(5) The executive director of the Louisiana Association of Chiefs of Police,20
or his designee.21
(6) The president of the Louisiana District Judges Association, or his22
designee.23
(7) The executive director of the Louisiana Commission on Law24
Enforcement and the Administration of Criminal Justice, or his designee.25
(8) The president of the Louisiana Coroners Association, or his designee.26
(9) The director of the Louisiana State Police Crime Laboratory, or his27
designee.28
(10) The president of the Louisiana Association of Forensic Scientists, or29 SB NO. 232
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his designee.1
(11) The president of the Louisiana Hospitals Association, or her designee.2
(12) The secretary of the Department of Health and Hospitals, or his3
designee.4
(13) The executive director of the Louisiana State Board of Nursing, or his5
designee.6
(14) The executive director of the Louisiana CASA Association, or his7
designee.8
(15) The president of the Louisiana Children's Advocacy Center, or his9
designee.10
(16) The secretary of the Department of Children and Family Services, or11
his designee.12
(17) The assistant secretary of the Department of Children and Family13
Services directing the office of community services, or his designee.14
(18) The medical director of the Child At Risk Evaluation Center at15
Children's Hospital of New Orleans, or his designee.16
(19) The attorney general, or his designee.17
(20) A member of the Association of Criminal Defense Lawyers selected18
by its chief executive officer, or his designee.19
(21) The superintendent of state police, or his designee.20
(22) The director of the Louisiana Coalition Against Domestic Violence,21
or his designee.22
(23) The president of the Louisiana Juvenile Judges Association, or his23
designee.24
(24) A member of the House of Representatives appointed by the speaker25
of the House of Representatives, or his designee.26
(25) A member of the Senate appointed by the president of the Senate, or27
his designee.28
B. Members of the task force shall serve at the pleasure of the appointing29 SB NO. 232
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authority. The attorney general shall serve as chairman, and his duties shall be1
established by the task force.2
C. The task force shall fix a time and place for its regular meeting and3
shall meet at least once during each calendar month. Additional special or4
regular meetings may be held upon the call of the chairman.5
D. A majority of the membership present shall constitute a quorum and6
shall be necessary to take action.7
§556. Duties of the task force8
The task force shall examine issues relating to forensic examination of9
sexual assault victims and investigation of sexual assault cases, including but not10
limited to the following:11
(1) The task force shall review and analyze all applicable state and federal12
laws, rules, regulations, policies, procedures, and practices pertaining to all of the13
following:14
(a) What entities are performing and should perform forensic15
examinations of sexual assault victims.16
(b) What entities are financially responsible and should be financially17
responsible for the forensic evidence collection from the victim of a sexual assault.18
(c) Which entities are being billed for the forensic examinations and which19
entities should be billed for such examinations.20
(d) What evidence is collected from the victim, how is it preserved, how21
is it analyzed, and what are the best practices in these areas.22
(e) What standards are being followed in the investigation of sexual23
assault cases and what standards should be followed.24
(f) What training is provided and what training should be provided to law25
enforcement officers and staff of the Department of Children and Family26
Services, office of community services, investigating sexual assault cases or cases27
of suspected sexual assault.28
(g) What criteria are used and what criteria should be used in designating29 SB NO. 232
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cases as unfounded or in reclassifying cases involving completed or attempted1
illegal sexual activity.2
(h) The current reporting requirements and those recommended by the3
Department of Children and Family Services, office of community services,4
regarding the number of allegations of sexual abuse or assault reported and5
investigated and the number of those which are validated or not validated.6
(i) Reports by teachers, ministers, and other mandatory reporters to the7
Department of Children and Family Services, office of community services, and8
law enforcement agencies, standards for dual investigations and whether9
mandatory reporters should report to both law enforcement agencies and the10
Department of Children and Family Services, office of community services.11
(2) The task force shall report its findings and recommendations to the12
governor, the president of the Senate, and the speaker of the House of13
Representatives not later than July 1, 2011.14
Section 2. The task force created by this Act shall terminate sixty days after the report15
of findings and recommendations has been submitted.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michael Bell.
DIGEST
Present law provides for a reduction of the registration period if the offender maintains a
clean record for 10 years upon petition to be relieved of the sex offender registration to the
court of conviction for those convicted in Louisiana.
Proposed law maintains present law and provides that the petition seeking relief from
registration be accompanied by a certification from the office of state police of the offender's
history of registration in Louisiana.
Present law provides that the district attorney shall be served with a copy of the petition. SB NO. 232
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Proposed law maintains present law and provides that the Department of Public Safety and
Corrections, office of state police and Department of Justice shall be given notice of the
filing with a copy of the pleading.
Proposed law creates a registration and notification period which the office of the attorney
general will be responsible for maintaining.
Proposed law authorizes revision of the registration end date by the office of the attorney
general if the offender's criminal history or registration history subsequently reflect actions
or non-action which, under this Chapter, require the registration period to begin to run anew
or to be suspended by a suspensive event.
Proposed law provides that the sheriff of the parish of the offender's residence shall do the
following:
(1)Give the offender notice of this prospective registration and notification period end
date set by the office of the attorney general and inform the offender that this end date
will be revised should the offender's criminal history or registration history
subsequently reflect actions or non-action which require the end date to be
recalculated.
(2)Advise the offender that he has 90 days from the initial receipt of the notice to seek a
review of the registration and notification period end date if he believes it has been
miscalculated. Requires that the date and substance of the notice be entered into the
offender's file on the registry and verified by the offender.
(3)Provide a copy of the decision made by the office of the attorney general if the
offender requests review of the registration and notification end date and give notice
that the offender has 90 days to request an administrative hearing as provided by law.
Proposed law provides that the offender will have 90 days from receipt of notice of the
decision of the office of the attorney general to seek further review through an administrative
hearing.
Proposed law creates the Louisiana Sexual Assault Task Force within the Department of
Justice.
Proposed law provides for a membership of 25 members and that the attorney general serve
as chairman.
Proposed law provides for a listing of issues for study by the task force, including but not
limited to investigation issues, procedures used in obtaining and analyzing sexual assault
evidence, and training requirements for law enforcement officers and others in sexual assault
cases.
Proposed law requires the task force to report its findings and recommendations to the
governor, the president of the Senate, and the speaker of the House of Representatives not
later than July 1, 2011.
Proposed law provides that the task force shall terminate 60 days after its report of findings
has been submitted.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:544 (D)(1), (2), (3)(e), (4)(a) and (b); adds R.S. 15:544.1, 555 and 556)